PolicyBrief
S. 3805
119th CongressFeb 9th 2026
End Sanctuary Cities Act of 2026
INTRODUCED

This bill establishes a federal crime for state and local officials who interfere with providing advance notice to DHS regarding the release of criminal aliens.

Lindsey Graham
R

Lindsey Graham

Senator

SC

LEGISLATION

End Sanctuary Cities Act Mandates 48-Hour ICE Notice: Local Officials Face Up to 25 Years in Prison for Non-Compliance

The 'End Sanctuary Cities Act of 2026' creates a new federal crime—obstruction of immigration laws by official interference—targeting state and local officials who block communication with federal immigration authorities. Under this bill, the highest-ranking executive in a local government unit could face significant prison time for knowingly restricting or limiting compliance with Department of Homeland Security (DHS) requests for 'reasonable advance notice' regarding the release of a 'criminal alien.' The bill defines this notice as at least 48 hours before an individual is scheduled to be released from local custody, unless providing that much lead time is physically impossible.

High Stakes for Local Leaders

This legislation puts local police chiefs, sheriffs, and city managers in a high-pressure spot. If a local official implements a policy that prevents their jail from telling ICE when a person is being released, they aren't just looking at a fine; they are looking at serious time in federal prison. The penalties are tiered based on the original charges of the person being released: if an official fails to provide notice for someone charged with murder or a sex offense against a minor, that official faces 10 to 25 years in prison. For violent felonies, it is 5 to 10 years, and for any other crime—even a minor misdemeanor—the official could serve 30 days to six months. This means a local administrator’s career and freedom could hinge on how strictly their department tracks and shares release schedules with the federal government.

Defining the 'Criminal Alien'

The bill uses a broad brush to define who triggers these reporting requirements. A 'criminal alien' is defined as any immigrant who has been charged with or convicted of any crime under federal or state law. This is a crucial distinction for everyday residents and local workers to understand: the law doesn't just apply to those convicted of serious crimes, but also to those merely charged with an offense. For example, if a local jail releases a person charged with a minor traffic violation without giving the DHS the required 48-hour heads-up, the 'responsible executive official' overseeing that jail could be prosecuted under federal law.

Friction in Local Governance

This bill creates a direct conflict for communities that have historically prioritized local trust over federal immigration enforcement. By making it a federal crime to 'limit' or 'restrict' compliance, the law effectively overrides local 'sanctuary' policies that were designed to keep local police focused on community safety rather than immigration status. From a practical standpoint, small-town sheriffs or city administrators with limited staff may find the '48-hour notice' requirement difficult to manage administratively, yet the bill leaves little room for error. While the goal is to ensure federal agents can intercept individuals before they disappear into the community, the implementation could lead to a massive shift in how local governments manage their budgets and legal liabilities, as they must now prioritize federal reporting to avoid felony charges for their own leadership.